Case: Reid v. Johnson

3:03-cv-01039 | U.S. District Court for the Eastern District of Virginia

Filed Date: Dec. 15, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On December 15, 2003, James Edward Reid, a prisoner on death row in Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Eastern District of Virginia. Reid, who filed the complaint three days prior to his scheduled execution, argued that the lethal injection method used by Virginia would violate his constitutional rights by subjecting him to a high level of pain and suffering in violation of the Eighth Amendment's pr…

On December 15, 2003, James Edward Reid, a prisoner on death row in Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Eastern District of Virginia. Reid, who filed the complaint three days prior to his scheduled execution, argued that the lethal injection method used by Virginia would violate his constitutional rights by subjecting him to a high level of pain and suffering in violation of the Eighth Amendment's prohibition of cruel and unusual punishment.

The day after the complaint was filed, the District Court (Judge James R. Spencer) dismissed the complaint and closed the case, finding that this was an unauthorized successive habeas petition, and that the plaintiff should have raised this issue in his earlier lawsuit.

The plaintiff appealed, and the U.S. Court of Appeals for the Fourth Circuit issued a stay of execution so that it could consider the merits of the appeal. The defendants appealed the stay of execution order, and the U.S. Supreme Court vacated the order staying the execution.

On August 2, 2004, after the Supreme Court vacated the stay of execution, the Fourth Circuit issued an opinion remanding the case back to the District Court for reconsideration in light of the U.S. Supreme Court's ruling in Nelson v. Campbell, 124 S.Ct. 2117 (2004), which was decided after the District Court's decision in this case. In Nelson, the Supreme Court found that § 1983 was an appropriate vehicle for some challenges to state execution methods, and that not all such challenges are habeas claims, and the Fourth Circuit found that this case needed reconsideration in light of that ruling. Reid v. Johnson, 105 Fed.Appx. 500 (4th Cir. 2004).

On September 3, 2004, the District Court (Judge Henry E. Hudson) held that the plaintiff was not likely to suffer irreparable harm as a result of Virginia's lethal injection method and declined to issue a preliminary injunction. Reid v. Johnson, 333 F.Supp.2d 543 (E.D.Va. 2004). Reid appealed, and six days later, the Fourth Circuit affirmed the District Court's decision.

On September 9, 2004, James Edward Reid was executed by lethal injection. On October 22, 2004, the District Court (Judge Spencer) dismissed the case as moot. Reid v. Johnson, No. 03-1039, 2004 WL 3789373 (E.D.Va. Oct. 22, 2004).

Summary Authors

Kristen Sagar (9/17/2007)

People


Judge(s)

Gregory, George Tillman Jr. (South Carolina)

Hudson, Henry E. (Virginia)

Shedd, Dennis W. (South Carolina)

Spencer, James Randolph (Virginia)

Wilkins, Douglas H. (Massachusetts)

Attorneys(s) for Plaintiff

Brace, Michele Jill (Virginia)

Clements, Gary (Louisiana)

Donnelly, Marie Frances (Illinois)

Givens, Jennifer Leigh (Virginia)

Harrison, Clifford Lee (Virginia)

Judge(s)

Gregory, George Tillman Jr. (South Carolina)

Hudson, Henry E. (Virginia)

Shedd, Dennis W. (South Carolina)

Spencer, James Randolph (Virginia)

Wilkins, Douglas H. (Massachusetts)

Attorneys(s) for Plaintiff

Brace, Michele Jill (Virginia)

Clements, Gary (Louisiana)

Donnelly, Marie Frances (Illinois)

Givens, Jennifer Leigh (Virginia)

Harrison, Clifford Lee (Virginia)

Lee, Robert Edward Jr (Virginia)

Olive, Mark Evan (Florida)

Turk, James Clinton (Virginia)

Attorneys(s) for Defendant

Baldwin, Katherine Pharis (Virginia)

Shaw-Bell, Noelle L (Virginia)

Vorhis, Richard Carson (Virginia)

Documents in the Clearinghouse

Document

3:03-cv-01039

Docket [PACER]

Oct. 22, 2004

Oct. 22, 2004

Docket

03-07916

Order Remanding the Case Back to the District Court for Reconsideration

U. S. Court of Appeals for the Fourth Circuit

105 Fed.Appx. 500

Aug. 2, 2004

Aug. 2, 2004

Order/Opinion
46

3:03-cv-01039

Opinion on Remand

333 F.Supp.2d 543

Sept. 3, 2004

Sept. 3, 2004

Order/Opinion
56

3:03-cv-01039

Opinion

2004 WL 3789373

Oct. 22, 2004

Oct. 22, 2004

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by James Edward Reid to Proceed in Forma Pauperis (scoo) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

2

COMPLAINT (Iminent execution Dec. 18, 2003) (scoo) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

3

MOTION by James Edward Reid to Stay execution (scoo) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

5

MOTION by William Page True, Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (scoo) Modified on 08/20/2004 (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

6

MEMORANDUM by Gene M. Johnson, George M. Hinkle, William Page Page Jr. in support of [5-1] motion by William Page Page Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (scoo) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

**Death Penalty Case** (scoo) (Entered: 12/16/2003)

Dec. 15, 2003

Dec. 15, 2003

7

RESPONSE by James Edward Reid to [5-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (scoo) Modified on 08/20/2004 (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

8

MEMORANDUM OPINION ( signed by Judge James R. Spencer ) Copies Mailed: y and faxed (scoo) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

9

ORDER that this action is dismissed, and denying [3-1] motion by James Edward Reid to Stay execution, denying [1-1] motion by James Edward Reid to Proceed in Forma Pauperis ( signed by Judge James R. Spencer ) Copies Mailed: yes and fax [EOD Date: 12/16/03] (scoo) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

Case closed (scoo) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

10

NOTICE OF APPEAL OF [9-1] order by James Edward Reid .(TPO pkg mailed to pltf and no fee paid) (scoo) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

Copy of Notice of Appeal, Final Order and certified copy of docket sheet to USCA: [10-1] appeal by James Edward Reid (sbar) (Entered: 12/16/2003)

Dec. 16, 2003

Dec. 16, 2003

Payment of Notice of Appeal Filing Fee Appeal Fee $ 255.00 RECEIPT # 71275 (scoo) (Entered: 12/17/2003)

Dec. 17, 2003

Dec. 17, 2003

USCA Case Number Re: [10-1] appeal by James Edward Reid CASE MANAGER: Beth Walton USCA NUMBER: 03-7916 (scoo) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

11

USCA Order that the Court grants the motion for leave to proceed IFP, grants the motion for preliminary injuction to stay execution and places this case in abeyance pending the decision of U.S. Supreme Court Nelson v. Campbell (scoo) (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

12

Copy of Opinion of USCA re: [10-1] appeal by James Edward Reid Decided August 2, 2004 Reversed and Remanded the District Court decision by unpublished per curiam opinion; attached copy of judgment will not take effect until issuance of the mandate. (thom) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

13

JUDGMENT OF USCA (certified copy) with copy of opinion of USCA reverses the judgment of the District Court re: [10-1] appeal; this case is remanded to the District Court for further proceedings consistent with the Court's opinion; the judgment will take effect upon issuance of the mandate; (thom) Modified on 08/20/2004 (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

Jury Trial Flag (thom) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

15

Emergency MOTION by James Edward Reid for Initial Scheduling Conference (thom) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

16

Supplemental RESPONSE in Opposition by James Edward Reid to [5-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Transfer Case (thom) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

Plaintiff's First Interrogatories and First Request for Production of Documents RECEIVED ONLY and placed on left; (thom) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

Case reopened (thom) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

**Death Penalty Case** (thom) (Entered: 08/20/2004)

Aug. 20, 2004

Aug. 20, 2004

17

Minute entry: IN OPEN COURT: Hudson, J.; Blalock, OCR. Appearances: parties by counsel. Matter came on for status hearing/conference to set briefing schedule and hearing date. Case to proceed on amended complaint. Discovery issues heard; resolved. Responses to temporary injunction due 8/27/04. Hearing on TRO/PI set for 1:00 p.m. on 9/1/04. Defendant's motion to transfer case; denied. Plaintiff's motion to proceed IFP; granted. Case continued to 1:00 p.m. 9/1/04. (:45) (rpiz) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

Hearing Deadline set 1:00 p.m. 9/1/04 before Judge Henry E. Hudson (plaintiff's motion for TRO/PI) (rpiz) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

18

ORDER for the reasons set forth on the record, plaintiff's Motion to Proceed In Forma Pauperis is HEREBY GRANTED and Defendants' Motion to Transfer is HEREBY DENIED; granting in part, denying in part [15-1] motion by James Edward Reid for Initial Scheduling Conference; it is hereby ORDERED that to the extent possible, discovery be served upon plaintiff's counsel by close of business on Wednesday, 8/25/04; it is further ORDERED that all memoranda of law addressing the issuance of a temporary injunction be submitted to the Court on Friday, 8/27/04; this case is continued until Wednesday, 9/1/04 at 1:00 p.m. for a hearing regarding a preliminary injunction; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/24/04] (thom) Modified on 08/26/2004 (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

Defts' Interrogatories and Request for Production of Documents to Plaintiff (rec'd and placed on left) (thom) (Entered: 08/25/2004)

Aug. 25, 2004

Aug. 25, 2004

19

MOTION by William Page True Jr., George M. Hinkle, Gene M. Johnson for Protective Order (w/sketch Consented Protective Order rec'd and presented) (w/SEALED Package 1 and Package 2 In Camera Review) (held pending ruling by Court) (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

20

Minute entry: CONFERENCE CALL: Hudson, J.; Blalock, OCR. Appearances: parties by counsel. Matter came on for conference call on discovery issues relating to proposed protective order. Argument heard. Issues resolved by Court; defendants to submit amended protective order for entry by court. Plaintff's motion for leave to file additional documents after Court-imposed deadline; plaintiff to submit documents and Court to rule at that time. Defendants' request for interrogatories and production of documents; argument heard; request granted. Matter continued to 1:00 p.m. 9/1/04 for hearing on plaintiff's motion for TRO/PI. (:45) (rpiz) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

21

TRANSCRIPT for date of August 23, 2004 hearing before the Honorable Henry E.Hudson (placed in brown expandable) (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

**Set Protective Order Flag. (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

22

ORDER that for reasons stated on the record, plaintiff's and defts' cross-motions for discovery re: defts' Interrogatories and Requests for Production of Documents filed on 8/25/04 are HEREBY GRANTED, and both plaintiff and defts are HEREBY ORDERED to respond by 4:00 p.m. on 8/26/04; both plaintiff and defts are further ORDERED to supplement such responses by 8/30/04 at 1:00 p.m.; defts' Motion for Discovery with respect to Interrog. #1 and Interrog. #14 of Plaintiff's First Set of Interrogatories filed on 8/20/04 is HEREBY GRANTED in part and HEREBY DENIED in part, for reasons more specifically set forth on record; for reasons stated on record, granting [19-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson for Protective Order and Confidentiality Agreement; defts are ORDERED to file an amended Protective ORder and Confidentiality Agreement with the Court in such time as reasonably possible; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/26/04] (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

23

Protective Order (See Order for Details); ( signed by Judge Henry E. Hudson ) Copies Mailed y and facsimile (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

24

ORDER that it appearing to the Court that the considerations of safety and public interest warrant the sealing of certain documents; it is HEREBY ORDERED documents entitled redacted "Division Operating Procedure 426" and complete "Division Operating PRocedure 426" submitted to Court on 8/26/04 for in camera review, are HEREBY ORDERED to be filed UNDER SEAL; it is further ORDERED that the amended redacted version of "Division Operating Procedure 426" submitted to Court on 8/26/04 is to be filed UNDER SEAL; the Clerk is directed to SEAL these documents and they SHALL REMAIN SEALED unless and until ordered by this Court; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/26/04] (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

25

MOTION by James Edward Reid for Gary Patrick Clements to appear pro hac vice Filing Fee Paid $ Receipt # (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

26

MOTION by James Edward Reid for Mark Evan Olive to appear pro hac vice Filing Fee Paid $ Receipt # (thom) (Entered: 08/26/2004)

Aug. 26, 2004

Aug. 26, 2004

So Ordered: granting [26-1] motion by James Edward Reid for Mark Evan Olive to appear pro hac vice Filing Fee Waived; granting [25-1] motion by James Edward Reid for Gary Patrick Clements to appear pro hac vice Filing Fee Waived; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile (thom) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

Hearing Deadline set 2:00 8/30/04 before Judge Henry E. Hudson (video teleconference) (rpiz) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

28

AMENDED ORDER it appearing to the Court that the considerations of safety and public interest warrant the sealing of certain documents produced by the Commonwealth of VA in this case, documents entitled redacted "Division Operating Procedure 426" and the complete "Division Operating Procedure 426" submitted to the Court on 8/26/04 for in camera review, are HEREBY ORDERED to be filed for IN CAMERA REVIEW ONLY; it is further ORDERED that the amended redacted version of "Division Operating Procedure 426" submitted on 8/26/04 is to be filed for IN CAMERA REVIEW ONLY; the Clerk is directed to file these documents for IN CAMERA REVIEW ONLY until further ordered by this Court; (signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/27/04] (thom) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

29

ORDER that it appearing to the Court that this case is time sensitive and complex, and it appearing just and proper to do so, it is hereby ORDERED that Dr. Mark Dershwitz be available on Monday, 8/30/04 at 2:00 p.m. at a predetermined location, to give his expert testimony in the above case; it is FURTHER ORDERED that counsel for the parties will be present in Court for the video-conference; ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 8/27/04] (thom) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

30

MOTION (First Request) by James Edward Reid for issuance of subpoenas (thom) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

31

Amended MOTION by James Edward Reid for Preliminary Injunction (thom) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

32

MEMORANDUM in support of [31-1] Amended motion by James Edward Reid for Preliminary Injunction (FILED UNDER SEAL) (thom) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

Plaintiff's Initial Response to Deft's Interrogatories and Request for PRoduction of Documents RECEIVED only and placed on left. (thom) (Entered: 08/27/2004)

Aug. 27, 2004

Aug. 27, 2004

33

RESPONSE in opposition by Gene M. Johnson, George M. Hinkle, William Page True Jr. to [31-1] motion by James Edward Reid for Preliminary Injunction (thom) (Entered: 08/30/2004)

Aug. 27, 2004

Aug. 27, 2004

Motion hearing re: [31-1] motion by James Edward Reid for Preliminary Injunction set at 1:00 9/1/04 before Judge Henry E. Hudson (rpiz) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

Plaintiff's Second Interrogatories to Defendants (RECEIVED ONLY and PLACED UNDER SEAL) (thom) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

35

TRANSCRIPT for date of 8/26/04 hearing before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

Plaintiff's Supplemental Response to Deft's Interrogatories and Request for Production of Documents (RECEIVED ONLY and PLACED UNDER SEAL) (thom) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

36

Minute entry: IN OPEN COURT: Hudson, J.; Krista Liscio, Court Reporter. Appearances: parties by counsel. Matter came on for hearing on plaintiff's motion for preliminary injunction - dfts' expert testimony only. Dfts' adduced evidence; rested. Dfts' objections to plaintiff's proposed witness list; ruled on by Court. Matter continued to 1:00 p.m. 9/1/04 for further evidence and argument on motion for preliminary injunction. (2:35) (rpiz) (Entered: 08/31/2004)

Aug. 30, 2004

Aug. 30, 2004

37

MOTION by James Edward Reid for Leave to File Response [to Respond] to Defts' Opposition to Preliminary Injunction (Plaintiff's Response to Defendants' Opposition to Preliminary Injunction Received and placed on left) (cmcc) (Entered: 08/31/2004)

Aug. 31, 2004

Aug. 31, 2004

42

REPLY by James Edward Reid to response to [31-1] motion for Preliminary Injunction by James Edward Reid (thom) (Entered: 09/03/2004)

Aug. 31, 2004

Aug. 31, 2004

38

TRANSCRIPT for date of August 30, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

39

Minute entry: CONFERENCE CALL: Hudson, J.; Krista Liscio, Court Reporter. Appearances: parties by counsel. Matter came on for conference call on defendants' objections to plaintiff's second set of interrogatories and request for production of documents. Argument heard. Objections ruled on by Court. Dft informed Court that witness Parker is not available to appear at preliminary injunction hearing; Court ruled that substitute may appear, defendants to notify plaintiff ASAP of name of witness. Matter continued to 1:00 p.m. 9/1/04 for preliminary injunction hearing. (:15) (rpiz) (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

40

Minute entry: IN OPEN COURT: Hudson, J.; Krista Liscio, Court Reporter. Appearances: parties by counsel. Matter came on for hearing on plaintiff's motion for preliminary injunction, continued from 8/30/04. Plaintiff adduced evidence. Hearing adjourned for the day, to commence at unknown time on 9/2/04, for continuation of plaintiff's evidence (telephone examination of Gene Johnson). Plaintiff's motion for leave to file reply to defendant's response in opposition to motion for PI; granted. (4:20) (Exhibits placed in brown expandable folder.) (rpiz) Modified on 09/02/2004 (Entered: 09/01/2004)

Sept. 1, 2004

Sept. 1, 2004

41

Minute entry: IN OPEN COURT: Hudson, J.; Val Schmit, Chandler & Halasz, Court Reporter. Appearances: parties by counsel (plaintiff's attorney via telephone). Matter came on for continuation of hearing on plaintiff's motion for preliminary injunction. Plaintiff's evidence continued. Hearing adjourned for the day, to commence at 1:30 p.m. on 9/3/04 for further evidence, specifically the telephone examination of Anthony Parker. (:20) (rpiz) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

Motion hearing re: [31-1] motion by James Edward Reid for Preliminary Injunction set at 1:30 9/3/04 before Judge Henry E. Hudson (hearing continued from 9/2/04) (rpiz) (Entered: 09/02/2004)

Sept. 2, 2004

Sept. 2, 2004

43

TRANSCRIPT for date of August 30, 2004 before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

44

TRANSCRIPT for date of September 1, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable file) (thom) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

45

Minute entry: IN OPEN COURT: Hudson, J.; Donna Chandler, Chandler & Halasz, court reporter. Appearances: parties by counsel. Matter came on for continuation of hearing on plaintiff's motion for preliminary injunction (continued from 9/2/04). Plaintiff's evidence continued. Plaintiff rested. Opinion and order to enter. (:35) (rpiz) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

Motion hearing held re: [31-1] motion by James Edward Reid for Preliminary Injunction (rpiz) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

46

MEMORANDUM OPINION ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile (thom) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

47

ORDER denying [31-1] motion by James Edward Reid for Preliminary Injunction ( signed by Judge Henry E. Hudson ) Copies Mailed: y and by facsimile [EOD Date: 9/3/04] (thom) (Entered: 09/03/2004)

Sept. 3, 2004

Sept. 3, 2004

48

NOTICE OF APPEAL OF [47-1] order by James Edward Reid. FILING FEE not paid; (thom) (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

Copy of Notice of Appeal, Final Order and docket sheet to USCA: [48-1] appeal by James Edward Reid (sbar) (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [48-1] appeal by James Edward Reid, Vol 1 (pleadings 1-48), Vols 2 - 6 (Transcripts), Vols 7, Exhibits, Vols 8 -9 (Sealed pleadings) (sbar) (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

USCA Case Number Re: [48-1] appeal by James Edward Reid CASE MANAGER: Beth Walton USCA NUMBER: 04-25 (sbar) (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

49

TRANSCRIPT for date of September 3, 2004 hearing before the Honorable Henry Hudson (placed in brown expandable) (thom) (Entered: 09/08/2004)

Sept. 7, 2004

Sept. 7, 2004

50

TRANSCRIPT for date of September 2, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable file) (thom) (Entered: 09/08/2004)

Sept. 7, 2004

Sept. 7, 2004

Transmitted Supplemental Record on Appeal: [48-1] appeal by James Edward Reid, Supplemental #1, Vol 10 (Transcript 9/3/04), Vol 11 (Transcript 9/2/04) (sbar) Modified on 09/08/2004 (Entered: 09/08/2004)

Sept. 8, 2004

Sept. 8, 2004

51

USCA Order that the Court grants the motion for leave to file an oversize brief and the motion to seal; the Court denies the request for pelimianry injunction; the Court affirms the denial of preliminary injunctive relief by the Court; the mandate shall issue forthwith; Entered at direction of Chief Judge Wilkins withe concerrence of Judge Shedd; Judge Gregory would grant request for preliminary injunction and would reverse the District Court; (thom) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

52

JUDGMENT OF USCA (certified copy) with copy of opinion of USCA affirms the judgment of the District Court re: [48-1] appeal; (thom) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

Record on Appeal returned from U.S. Court of Appeals: (one volume of pleadings, seven transcripts, one set of exhibits, two sealed pleadings and three in camera review documents) (thom) (Entered: 09/09/2004)

Sept. 9, 2004

Sept. 9, 2004

53

TRANSCRIPT for date of September 1, 2004 hearing before the Honorable Henry E. Hudson (placed in brown expandable) (thom) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

54

MOTION by William Page True Jr., George M. Hinkle, Gene M. Johnson to Dismiss (thom) (Entered: 09/22/2004)

Sept. 21, 2004

Sept. 21, 2004

55

RESPONSE by James Edward Reid to [54-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Dismiss (thom) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

Plaintiff's Memorandum in Support of Amended Motion for Preliminary Injunction (REDACTED VERSION of Dkt. #32 filed 8/27/04) RECEIVED ONLY and placed in brown expandable file. (thom) (Entered: 09/30/2004)

Sept. 30, 2004

Sept. 30, 2004

56

MEMORANDUM OPINION ( signed by Judge Henry E. Hudson ) Copies Mailed: yes (thom) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

57

FINAL ORDER that the [54-1] motion by William Page True Jr., George M. Hinkle, Gene M. Johnson to Dismiss is moot ( signed by Judge Henry E. Hudson ) Copies Mailed: yes [EOD Date: 10/22/04] (thom) (Entered: 10/22/2004)

Oct. 22, 2004

Oct. 22, 2004

Case closed (thom) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

Case Details

State / Territory: Virginia

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 15, 2003

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner of the State of Virginia

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virginia Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

Death Penalty:

Lethal Injection - General